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Georgia Domestic Violence Questions & Answers
2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Georgia on
Q: In a divorce - if there has been domestic violence or family violence perpetrated by one spouse and his family….

And parental alienation by the husband and paternal grandparents who is manipulating the child against his mother. Is it likely the mother will get full physical custody and the father supervised visitation? Is it more likely the mother will get the home? This is in Georgia USA

Joshua Schiffer
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Joshua Schiffer
answered on Jan 12, 2022

Its really hard to do a thorough analysis without full context, but Domestic Violence always grabs the attention of the Judge when looking at Family Law Cases.

At the same time, judges will almost always ensure both parents get substantial time with the child regardless of the criminal...
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1 Answer | Asked in Gov & Administrative Law, Family Law and Domestic Violence for Georgia on
Q: Hi my fiance was arrested I didn't press any charges but the state did is there anyway I could get them dropped?

His charge is a misdemeanor he's recently in Jackson county jail and his bond is $1350 he broke a mirror that he gave to me

Joshua Schiffer
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Joshua Schiffer
answered on Jan 12, 2022

The State, through elected prosecutors, retains all authority when it comes to whether to pursue charges or not, unfortunately.

THAT BEING SAID, as the alleged victim you retain substantial influence over whether the State can be successful in trying to prosecute him. First off you have...
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1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Georgia on
Q: I was awarded emergency custody of my kids in 2018 after a mom abused my 7yr at the time we have 3 kids total

I went to superior court to file for divorce The judge sent us to juvenile courts where I was awarded custody of the kids the CPS & gal was involved

Mom had numerous other abuse incidents during the parenting time process but jurisdiction & who knows what prevented anything from... Read more »

Joshua Schiffer
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Joshua Schiffer
answered on Jan 5, 2022

Trying to get to the heart of your inquiry, but it appears you have a messy custody/family/criminal set of intertwined issues. Unfortunately as you have discovered there are not a lot of great resources for folks in these situations outside the traditional legal system.

The headline is...
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2 Answers | Asked in Family Law, Domestic Violence, Legal Malpractice and Probate for Georgia on
Q: Please help me understand . I'm preparing for divorce and in my research online I come to find shocking documents.

Two marriage licence applied for 10 years apart are on the probate record on in 2011 when we married at the court house . The other issued Jan 21 2020 I had no knowledge or part in at all ? What can I do to unravel his mess of fraud , deception and abuse ?

Michael D. Birchmore
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Michael D. Birchmore
answered on Jan 4, 2022

Clearly, you need to meet with a family law attorney to help you figure out what is going on.

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1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: For a domestic violence case, if my temporary no contact order period is over, can I meet my family without a hearing?

The court says my case is closed, but I still didn't meet my family.

Joshua Schiffer
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Joshua Schiffer
answered on Jan 3, 2022

It is certainly a good idea to check and have backup in these situations. First off, with all of this you need to ensure you have the documents handy, as you may need them if there are issues.

Orders and sentences expire according to their terms, and when they expire they become void...
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1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: Trying to save my marriage, wife put family violence and stalking restraining order. what to do?
Judith Delus Montgomery
Judith Delus Montgomery
answered on Dec 23, 2021

Please get an attorney as soon as possible. If your wife already petitioned the court for a restraining order then you need to still protect yourself even if you may want to save your marriage. You have a limited time to respond to her petition and even smaller amount of time to prepare for the... Read more »

3 Answers | Asked in Child Custody, Divorce and Domestic Violence for Georgia on
Q: I live in Georgia. I want to know about propert division in a fault divorce. If I am a victim of Domestic violence.

Will I be able to keep the home? Or get a greater share? Will my spouse have to move out. I also dont want to uproot my son. The house is paid in full. Also will I get full custody of my son?

Regina Irene Edwards
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Regina Irene Edwards
answered on Dec 22, 2021

You need to have a consultation with an attorney. Each case varies based on income, assets of the parties, history of caretaking of the child and other factors. Once more information about those is known, an attorney can give you advice.

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2 Answers | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Georgia on
Q: Can simple battery stop you from owning gun. Not sure if simple battery and domestic battery is the same charge.

I took a plea for simple battery with an ex but not sure it its classified as domestic does the actual word domestic show if its a domestic charge?

Joshua Schiffer
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Joshua Schiffer
answered on Dec 16, 2021

This is going to require some factual investigation, as the details are SUPER important in this analysis.

IF the conviction was under the Georgia Family Violence Act then a prohibition applies. This does not need to be explicit, however, and, as the prohibition is based on Federal law...
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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can you purchase a firearm with a domestic misdemeanor charge?
John Kim
John Kim
answered on Dec 15, 2021

Unfortunately, no. While Georgia law does not explicitly prohibit it, federal law prohibits you for purchasing, possessing, or transporting firearms if you have been convicted of a family violence/domestic misdemeanor. A remedy you may pursue is to seek a pardon from the Georgia Board of Pardons... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can they press charges if they hit you first with a weapon

Me and my husband went to Mt sisters house. My husband and her boyfriend got into a verbal altercation. Her boyfriend then hit my husband with some weapon. My husband hit him back. I was keeping my sister back so she wouldn't get hit by them and she hit me. I popped her not hard and told her... Read more »

Joshua Schiffer
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Joshua Schiffer
answered on Nov 7, 2021

Odds are if the cops are made aware, they are going to investigate and determine if they should arrest anyone. Getting a lawyer involved out front assists in getting your version of the events presented properly and with the most impact.

I advise if arrests appear imminent that you hire...
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3 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: My fiancé(20) has a controlling family. His father and sister beat him, so I (20) came to GA from TN to pick him up.

A few days later, we find out that there is a warrant for his arrest in GA that we believe his parents called and reported him for. But he did nothing wrong. Now his mother is harassing us and threatening us.

Regina Irene Edwards
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Regina Irene Edwards
answered on Oct 28, 2021

You haven't asked a question, but if he has a warrant, then he needs to turn himself in. If the mother is harassing you, you can just block her from your phone to solve that problem.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How far back do they search a criminal background in Georgia on a misdemeanor in another state?
Joshua Schiffer
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Joshua Schiffer
answered on Oct 27, 2021

All depends on who is doing the searching. There are a lot of different "background searches" available on the market, and they each have different parameters.

The better questions are what is the search for and what form of search is being conducted.

4 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Georgia on
Q: My husband is keeping our son from me. He kicked me out. I'm worried. He is an addict and criminal with records of both.

My husband and I are looking to get divorced. I am being told that I am kicked out of the house I have been in with him for 8 years now and that he is not allowing me to take our son. My husband is a very bad person who has been in trouble with the law his entire life. He is an addict meth. He has... Read more »

Joshua Schiffer
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Joshua Schiffer
answered on Oct 12, 2021

I am so sorry to hear about your struggle, and luckily the pathway has an easy first step. Rather than a Criminal Defense lawyer you need to make an appointment with a qualified Family Lawyer to start the separation/divorce process. There are tools in that process to specifically address the... Read more »

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1 Answer | Asked in Domestic Violence for Georgia on
Q: I was charged with the family violence act by the state. this is my first time in trouble. What happens now?

My spouse and I got into an altercation that we involved the cops to mediate but turned into me being arrested as the aggressor. I was bonded out and told to make no contact with the victim i.e. my spouse I was also told by a couple cops that I could have my spouse overturn the no contact order by... Read more »

Joshua Schiffer
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Joshua Schiffer
answered on Oct 7, 2021

You need to be open and honest with your attorney, as the medication issue is HUGE when it comes to mitigation. Your Spouse can also use that information to press the State to treat you properly as much as she does not control whether the state presses charges or not. She may also be able to use... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: What is the defendants between TPO and a special bond conditions
Joshua Schiffer
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Joshua Schiffer
answered on Sep 27, 2021

The special Conditions of Bond flow against an arrestee when a crime has allegedly been committed. They exist during the pre-disposition portion of the case and if they are violated there are special charges that can apply.

A TPO is when a petitioner has asked the court to provide a layer...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: What happens if a temporary restraining order is taken out, but not served on the defendant before the court date?
Joshua Schiffer
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Joshua Schiffer
answered on Sep 21, 2021

Generally the court will allow continued attempts at service until the ex parte expires. It may be a good idea to pay a skip tracer to serve the person if the sheriff is running into issues.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Would't this be a simple way of saying the child was stolen by father and he has paid some very powerful people?
Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Sep 20, 2021

I am sorry, but it appears some of your question was cut off. Please resubmit.

2 Answers | Asked in Domestic Violence for Georgia on
Q: What happens if a defendant doesn't show up for a restraining order hearing?
V. Joy Edwards
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V. Joy Edwards
answered on Sep 20, 2021

If you can make your case - which you should be able to if the other side does not show up - you will get the one year TPO.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was arrested for criminal trespassing and am out on bond. I don't want to go back to jail, what is going to happen?

I broke the windshield of my exs car from the inside, I had my feet up on dash and was in pain due to a tooth infection, we were sitting in front of an urgent care. She was yelling in my ear and out of frustration and desperation I kicked the windshield without thought I had no intention of... Read more »

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Aug 26, 2021

Good news is that if the putative vicim is cooperative and the restitution has been made, I bet most prosecutors will work this out. As long as you follow the rules of bond you should be in good shape. Dont hesitate to ask for the public defender if you want some guidance, as the State may be... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Government Contracts for Georgia on
Q: The highschool won't allow my daughter in school

They kept her in room without lunch all day instead of going to class

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Aug 17, 2021

There should be some sort of written reason offered by the school. You need to schedule a meeting with the administration and get to the bottom of the disparate treatment.

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